Partner Paul Stewart wrote the article “Fed. Circ. Conveys Breadth of IPR Claim Amendment Process”, published by Law360. In the article, Stewart discusses two recent Federal Circuit decisions: American National Manufacturing Inc. v. Sleep Number Corp., a case where the plaintiff commenced IPRs against two Sleep Number patents relating to air mattresses that allow for rapid and accurate pressure adjustment, and Cupp Computing AS v. Trend Micro Inc., a case in which “Trend Micro instituted three IPR proceedings against Cupp, challenging three of Cupp’s patents as obvious.”
“Together, the cases make clear that patentees are given wide latitude to propose amendments to their claims during an IPR proceeding, but that the amendment procedure is the exclusive means of changing claim scope,” said Stewart.
Read the full article here.